Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-04-28
OF THE Commission.

yet taken by the Interstate Commerce
Commission, the immediate matters select
ed to which to append the opinions of the
Commission only affecting the interests of
limited classes, but the opinions themselves
covering in certain respects, interpreta-
lions of the Interstate Commerce law and
determinations respecting the extent of the
powers with which the Commission deems
itself charged:
INTERSTATE COMMERCE COMMISSION, WASH
INGTON April 16.-In the matter OF the petition
of the Order of Railway Conductors. In the
matter of the petition of the Traders and Trav-
elers' Union. An application in writing has
been made 10 the Commission for its answer to
the following questions propounded on behalf
OF the Order of Railway Conductors:
Firs-Are railway companies prohibited from
issuing free transportation TO the immediate
families of employees of their own railways?
Second-Are railway companies prohibited
from issuing free reduced transportation to
officers of associations composed exclusively OF
railway employees while those officers are tenn
porarily out OF railway service and exclusively
employed by these associationss
Third-May railway companies issue passes
to employees of other railways the applica-
ton OF the employee, or must such application
come from the officer OF the company by which
he is employed?
Fourth-Nay railway companies issue free or
reduced transportation to those who make rail-
way service their business trade while tenn
porarily out OF employment and in search of a
situation?
Fifth-May railroad companies provide free
transportation for delegates to the annual con-
Yentions of an association composed exclusive
ly OF railway employees upon certificate from
the officers of the association that they are
such representatives:
Sixth-If free transportation may be fur
nished to representatives described in question
hve must all such representatives be actually
Hp the employ of some railway may it include
those who may be temporarily out OF employ
meat and those temporarily engaged in other
employments as officers of such associations?
SeV0nth-Ii free transportation Is provided
for the delegates described in question FIVE
may it include members OF the immediate fam
lilies OF delegates.
EiEhth-If free transportation or reduced
rates are provided for the representatives OF
any one association, must the same be extended
to all others which are composed exclusively
OF railway employees on application
Another application has been made to the
Commission on behalf Of the Traders and Trav-
elers Union, stating the system under which
an additional allowance of free baggage has
heretofore been carried by commercial travel
subject To a written agreement for registry
and indemniffcation, which system the Commits
sion is requested to examine carefully land ad-
Nse Us If there is any reason why railroad
company desiring TO do so should not enter into
such an arrangement to grant under stated
terms an increased allowance of free bag
gage"
These two petitions, presented by highly re-
spectacle organizations and raising questions
OF immediate practical Importance, are repre-
sentative OF large number or similar appHca-
tions which have been made to the Commission
for its construction of provisions of the 'act to
regulate commerce. applied to the various
points nj which those provisions touch the Gus
toms OF the past. They have been selected
simply as they indicate the general character OF
ala and enable the Commission to announce
certain conclusions TO which it has arrived re-
speeding its jurisdiction and its powers.
1t is obvious from the tenor of such applica-
items these. which reach us by every mail,
that the impression is generally prevalent that
this Commission has the power to construe. in
terpret ana apply the law by preliminary
Judgment. We are continually appealed to
Tor decisions in advance as to whether
common carriers, said to be willing to adopt
certain methods of dealing with respect
to ineer-State commerce, can do so without sub
jecting themselves to the penalties provided by
the statute for violating its provisions. \ care
full reading of the 'act to regulate commerce.
under which this Commission is organized. will
show to the petitioners and others who have
made similar application that Jurisdiction
has been given us to answer questions like
those under consideration. An expression of
our opinion on these subjects at this time, be-
ing neither duty imposed nor . power con-
fagred by the statute, would carry with it no
judicial efficacy OF sanction; in fact would be no
more useful to the public or the carriers than
. the opinion of other men upon the same points.
Two sections of the law confer power upon
the Commission to entertain and decide appli-
cations and petitions. Section empowers US,
uponapplication by common carrier, to
thoriZe such common carrier IN special cases to
charge less for longer than for shorter distances
the same line; and also to prescribe the
tent of relief the operation of the former part of
the same section which designated common
carrier may from time to time enjoy a large
number. of petitions have been filed under this
section, the consideration of which is ut this
time engaging the attention of the Commission.
and nothing said in this opinion is to be treated
rs in any manner bearing thereon. It is obvious
that applications like these of the railway con-
.dnctors and the Traders and Travellers Union
have no relation whatever TO the duties imposed
upon us by section 4. And this is the only sec
tiOn;of the law which the Commission has power
10 suspend or relax.
Section 13 authorizes complaints to the Com
mission and confers Jurisdiction to entertain the
same. 1t provides that any person complain
ing on any thing done or omitted TO be done by
any common carrier subject to;the provisions OF
this act in contravenAiOn of the provisions
thereof may apply to said Commission by petit
t1on which shall briefly tate the facts Notice
and opportunity for answer having been given
unless satisfaction is made, an investigation is
required. Upon such an inves legation the Com
mission will necessarily entertain the consdera-
tton on the question whether -she conduct COM
planned of is or is not in eonhravention OF the
pJGyisions,of the law, and If it so adiudges il is
authorized to issue a notice enloining the
Carrier from further violation IL the law and TO
award reparation for the injury done, or both.
But neither the railway conductors nor Traders
end Travellers Union complain that any com
rnon carrier has violated the law. On the con-
trary- they both aver that the railroad COM
panieS do not now violate the law; and do not
wish 10 do so. The conductors say that they
hear they will not receive passes Us heretofore
and the traders and travellers say that they fear
commercial travellers will not be allowed free
transportation for $50 pounds of extra baggage
as was allowed last year. The present COM
plain. is not OF any thing done or emitted in
contT4vention OF the provisions OF the law.
II q railroad company should issue Eass to q
conductor and his family 10 attend the ap-
preaching convention should transport 800
pounds OF baggage free for a commercial travel
er under the registry and indemnity system, and
some person feeling aggrieved should make
complaint OF unjust discrimination, il would